State v. Meyer12/16/1998
ppression hearing must be upheld unless they are clearly erroneous ... . This court's function under the clearly erroneous standard is to determine whether the decision of the lower court lacks the support of substantial evidence, evolves from an erroneous view of the applicable law or whether, considering the entire record, we are left with a definite and firm conviction that a mistake has been made. In making this determination, we review the evidence in a light most favorable to the trial court's decision." State v. Benallie, 1997 SD 118, § 10, 570 NW2d 236, 238 (citing State v. Dreps, 1996 SD 142, § 8, 558 NW2d 339, 341) (citation omitted)).
ANALYSIS AND DECISION
[ ] Whether the trial court erred in concluding that physical evidence seized from and statements made by Victoria should be suppressed.
[ ] The Fourth Amendment of the Constitution of the United States provides:
"The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." US Const amend IV (emphasis added).
This Court has recognized the South Dakota Constitution provides individuals with similar protection from unreasonable searches. The State constitutional provision reads:
"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause supported by affidavit, particularly describing the place to be searched and the person or thing to be seized." SD Const art VI, §11 (emphasis added).
For the reasons set forth below we find the search of Victoria's home was in violation of the Fourth Amendment of the United States Constitution and art VI, §11 of the South Dakota Constitution. Therefore, the trial court did not err in suppressing the evidence and statements obtained from this unreasonable search.
[ ] A. Reasonable Search-Burden of Proof.
[ ] " hysical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." Payton v. New York, 445 US 573, 585, 100 SCt 1371, 1379-80, 63 LEd2d 639, 650 (1980). Searches inside a home without a warrant have been classified under federal law as "presumptively unreasonable." Id. at 586, 100 SCt at 1380, 63 LEd2d at 651.
"Thus the most basic constitutional rule in this area is that searches conducted outside the judicial process, without prior approval by Judge or magistrate, are per se unreasonable under the Fourth Amendment -- subject only to a few specifically established and well-delineated exceptions. The exceptions are jealously and carefully drawn, and there must be a showing by those who seek exemption ... that the exigencies of the situation made that course imperative. The burden is on those seeking the exemption to show the need for it." Coolidge v. New Hampshire, 403 US 443, 454-55, 91 SCt 2022, 2032, 29 LEd2d 564, 576 (1971) (citations and internal quotations omitted -- italics original). We have interpreted art VI, §11 of the South Dakota Constitution in a similar vein: "Warrantless arrests and searches, therefore, are unconstitutional, unless there is a showing by those who seek exemption from the warrant requirement that their actions were reasonable, based on probable cause, and that the exigencies of the situation made the course imperative." State v. Max, 263 NW2d 685, 687 (SD 1978) (citation omitted).
[ ] As the ge
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